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U.S. v. HERNANDEZ-CASTRO

No. 14-10497.

814 F.3d 1044 (2016)

UNITED STATES of America, Plaintiff-Appellee, v. Rosa Isela HERNANDEZ-CASTRO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 25, 2016.

Attorney(s) appearing for the Case

Brenda Dabdoub , Tucson, AZ, for Defendant-Appellant.

Christina M. Cabanillas (argued), Assistant United States Attorney; John S. Leonardo , United States Attorney; Robert L. Miskell Appellate Chief, Tucson, AZ, for Plaintiff-Appellee.

Before: MICHAEL J. MELLOY, SANDRA S. IKUTA, and ANDREW D. HURWITZ, Circuit Judges.

OPINION

Rosa Hernandez-Castro appeals her sentence of 46 months after pleading guilty to Conspiracy to Possess with Intent to Distribute Heroin. Hernandez-Castro argues the district court erred by imposing a two-level downward departure under U.S.S.G. § 5K3.1 (fast track), instead of the four-level departure...

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